One of the more popular posts in this Forum is Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers. It’s time we collate other common issues relating to this topic. When we speak of the “annulment process”, we’re using it in a general sense to include both a petition for annulment and a petition for declaration of nullity (the difference between the two was already discussed in Part I).
Should I seek an annulment?
This is a personal decision that should not be taken lightly. While divorce is not allowed in the Philippines, the fact that the law provides for annulment means that there are meritorious instances that would justify the annulment of marriage.
What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay?
The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, it’s not true, and unfair to say, that the SolGen is the cause of delay.
How long does an annulment process usually take?
The entire process could take less than a year or, if you’re unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly.
How much does it usually cost?
This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least a Hundred Thousand Pesos (PhP100,000).
I have a limited amount of money. Where can I seek legal aid?
There are certain institutions where you could seek free legal assistance. Start with the Public Attorney’s Office (PAO), although they may or may not accept your case, depending on their load (they’re usually overloaded with cases). The Integrated Bar of the Philippines (IBP) and certain law schools, provide free legal aid. Remember, however, that your request may be denied because there are other important cases handled by these institutions.
How can I verify if my lawyer really filed the petition in court or if a decision was really issued? Can I obtain a copy of the decision?
You may ask your lawyer to provide you with a copy of all documents (motions, pleadings, orders, decisions, etc.) relating to your case. The photocopying cost, of course, will be charged to you. In any case, you could always request to photocopy the record with the court where the petition was filed.
If there’s already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry?
No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you can’t remarry.
If you can’t find the answers here, please refer to Part I, Part III, Part IV, Part V, or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
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I’ve been to a quickly marriage Dec 1999. I’m not aware of applying marriage license or even signing it. He left me for another woman and after my still birth January 2000. After 1 year, out of my depression i work abroad but before i leave i checked NSO for marriage contract but no avail. October 2004 i married my boyfriend in the Phils. I got a CENOMAR copy from the NSO. We are living here in abroad now. The problem just arise this year when i’m getting some papers in the NSO i just found out the i have an existing marriage contract from my previous marriage but not on my direct name (mispelled name)
Please enlighten me on what i will do.
Thank you very much…
Im an OFW and and would like to seek for my marriage to be annuled. Me and my husband has been separated for over 4 years now and he has got a daughter with the other woman. can i apply while i am here in abroad. thanks
good pm atty… gusto po sanang humingi ng konting payo sa inyo… nagfile poh ng annulment yung x ko last year… ang payo po skanya ng lawyer nya no communication with me… nung huli po nameng paguusap nsabe po nya saken na October meron ng decision yung court… pero wla na po syang sinabe saken na iba… kung saan sya nagfile ng annulment, sino yung judge or anything… so ang tanung ko lang poh… saan or anu poh ang kailangan kong gawin para mkakuha ako ng document that would prove na annulled na kame… so in the future pag gusto ko na poh magpakasal meron poh akong document… wala poh akong ibang alam or hawak kundi copy ng marriage license namen…
hi
hi….atty. …i need an advised:
kami po ay ikinasal 2003 sa huwes sa quezon city hall.after ng kasal nagpunta siya ng taiwan to work…after 3 years bumalik siya at ikinasal kami sasimbahan sa pangasinan. Bago kami ikinasal sa simbahan may natanggap akong call sa cellphone ko …tawag para sa asawa ko….at nagusap sila .then next day nagpaalam siya pumunta ng maynila para ibigay invitation kasal namin . Years after , may nakita akong fax letter sa ilalim ng bed namin galing taiwan,,stated there na mahal pa rin siya …kaya iyon sulat na iyon ay wala na…di ko kinausap tungkol doon ..ginawa ko naghanap ako ng girlfriend at naging kami ng months until nalaman niya at nagkahiwalay kami ng girl..year 2000 nakaalis ako pilipinas papuntang london …at dito nagloko ulit ako at sa girl nagkaroon kami ng isang anak .Nadala ko pamilya ko rito at nagsama until nagsalita iyon girlfriend na may anak kami at iyon nagkahiwalay kami noon girl..at ok naman sa kanya at iyon may sarili na siyang parthner dito.at ako ay tuluyan nagbagong buhay.
Last december 2009, nakita iyon isang computer namin na nakaopen at nabasa lahat ng nilalaman ng sulat via messenger at doon nabasa ko rin lahat ng laman ng messages na napagusapan nila. na silay nagmamahan at may plano silang magsama …itong guy na ito ay nasa saudi arabia ngayon …according sa asawa siya iyon una niyang bf at may nagigay sa kanya ng email niya sa kaibigan niya sa dubai kaya sila nagkaroon ng communication. tapos one time nakita live cam noon bf niya kasi nagkunwari ako siya at iyon nagulat iyon lalaki at pinatay iyon web cam .Few days after, nagiwan iyon lalaki ng message sa email niya address sa akin to say to sorry sa nanyari…at dito ko rin napaamin ang asawa ko na nagkita sila ng bf niyang taiwaness sa airport lang daw,…
Paano na lang kaya kong ang bf niya nakatira near dito sa UK malamang nagkita sila baka ano pang msamang nayari:
Ngayon .dalawang buwan na akong hindi pumapasok sa work.. nurse po aki sa OR ..di ko kayang magtrabaho kaya pumunta ako sa doctor para humungi ng med. certicate… at sa super depressed ko binigyan ako ng gamot at on counselling ako….5 days ago nag attemp sueccide asawa ko pero naagapan…dumating ambulance at pulis ….at on going cousellling din siya: Kami ay nagusap at sinabi ko mag file ako annullment at dahil lagi kaming nagaaway pumayag na rin siya para maiwasan ang mas malalang manyari.nasabi na rin namin sa kids namin ..pinapili ko sila…at pumayag na rin.
kami po ay citizen na rito ..may 2 kids po kami … 13/11 y/o …
QUESTION KO PO:
1. CAN I FILE ANNULLMENT HERE IN UK?
2. IS THE ABOVE REASON CAN BE ACCEPTABLE FOR FILLING ANNULLMENT?
3. IF I FILE IN PHILIPPINES CAN I FILE IN QUEZON CITY WHERE OUR CIVIL WED HELD ?
4. IS IT BOTH PARTIES MUST HAVE THERE OWN LAWYER?
5. OUR WE STILL NEED TO ATTEND THE HEARING?
6. ANY PARTICULAR NEEDS IN FILLING ASIDE FROM MARRAIGE CONTRACT AND BIRTH CERTICATE?
7 SHALL I GET PROOF OF DOCTORS CERTIFICATE AND COUCELLING RESULT?
8. DO I NEED TO HAVE COPY OF OUR MORGAGES , ACCOUNT AND WORK DOCUMENTS BOTH PARTIES?
9. DO I NEED TO ZEROX SOME EVIDENCE IN EMAIL?
10. ANY MORE EVIDENCE NEED TO GATHER KASI PO MALAYO KAMI…
MANY THANKS
MORE POWER TO ALL
added sa story: iyon pagpunta niya ng maynila maghatid ng invitation ng kasay ,…nasabi niya ito lang dec 2009 noon nagaaway kami nasabi niya iyon pagmpunta niya ng maynila maghatid ng invitation ay iyon pakikipagkita sa boyfriend niyang taiwanese…..sa airport sabi niya pero next day pa siya umalis so iyon taiwanese naghintay sa airport ng almlost 24 hours …sa tingin ko hindi ..sa hotel sila nagkita ..kasi iyon nakausap ko sa cellphone ay mukhang hotel personnel …i dont know…
hi……just want to know where i can find your answer to my questions? thanks
Hello,
Is it possible, when both parties are not happy in their marriage and decide to separate, to get an annulment without the need for either to prove psychological incapacity? your reply will highly be appreciated.
Hi Sir,
I am jhenny i got married to a canadian citizen year 2006 and i am already pregnant that time.. he just stayed 3 months here after the wedding and he came back when its time for me to deliver the baby.. Unfortunately our baby has a down syndrome and he wants our baby to die.. to inject something to our baby to die.. but me and my family refuse !! After a month he left me and never come back.. I want to know how can i get annuled to him if i dont even have any comunication to him, i dont even know his address also.. please help me..
Dear Sir/Ma’am:
I am a Filipina woman who has been separated for 18 months, but not legally separated. I have been Civil married to an
Australian man last 2007 here in the Philippines and then married again in church here in the Philippines
last 2008. Can I file a divorce abroad even if the marriage took place here in the Philippines?
Looking forward to your reply.